Umesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69381 of 2022 Arising Out of PS. Case No.-60 Year-2022 Thana- AUANGARI District- Nalanda ====================================================== UMESH PRASAD S/O LATE RAMBRIKSH RAM Resident of villageGomhar, P.S.- Aungari, District- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 409, 420, 120(B) of the Indian Penal Code.

As per allegation in the FIR, petitioner is said to be manager of the Gomhar PACS. It is alleged that there is defalcation of Rs. 39,21,824/- as per audit report in the financial year 2016-2018 committed by petitioner and co-accused Dharmendra Kumar (Ex-Chairman).

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. By way of filing supplementary affidavit, in para 3 details of auditor report is brought on record, which shows that no misappropriation has been made by the petitioner. Petitioner's

Patna High Court CR. MISC. No.69381 of 2022(4) dt.15-05-2023 2/2 work was only to debit and credit of amount of beneficiaries in the bank and in that business no misappropriation was found. No one has claimed that the petitioner has taken money from the beneficiaries. Ex-chairman Dharmendra Kumar is no more. Petitioner is languishing in judicial custody since 6.9.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Hilsa (Nalanda) in connection with Aungari P.S. Case No. 60 of 2022.

(Sunil Kumar Panwar, J) sushma/- U